Statutory Authority: Section 101.15 (2) (e), Stats.

Statutes Interpreted: Section 101.15 (2) (e), Stats.

NOTICE IS HEREBY GIVEN that pursuant to ss. 560.02 (4), 560.183 and 560.184, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to health care loan assistance.

Date:   Tuesday, January 29, 2002

Time:   10:00 a.m.

Location:   Thompson Commerce Center

  201 West Washington Avenue

  Room 3C

  Madison, Wisconsin

Statutory Authority: Sections 560.02 (4), 560.183 and 560.184, Stats.

Statutes Interpreted: Sections 560.02 (4), 560.183 and 560.184, Stats.

The current rules for health care loan assistance in chs. Comm 122 and 128 apply to physicians and health care providers such as physician assistants. 2001 Wisconsin Act 16 requires the Department of Commerce to also provide loan assistance to dentists and dental hygienists.

The proposed rules add dentists and dental hygienists to the health care loan assistance program administered by the Department. The proposed rules closely follow the current rules for providing loan assistance to physicians and health care providers. However, because dental practice has distinct differences from medical practice, the proposed rules specify practice requirements for dentists and dental hygienists regarding volume of medical assistance and Badger Care patients. The proposed rules also include qualifications for loans and criteria for repayment of loans.

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 8, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

1. Types of small businesses that will be affected by the rules.

The proposed rules will affect any small business licensed as a dentist or a dental hygienist who wishes to participate in the Department's health care loan assistance program.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The proposed rules require the dentist to keep a record of the number of Medical Assistance and Badger Care patients.

3. Types of professional skills necessary for compliance with the rules.

The proposed rules apply to dentists and dental hygienists.

The proposed rules add dentists and dental hygienists to the health care loan assistance program currently administered by the Department of Commerce. There are no new administrative activities required to implement these rule additions. Therefore, the proposed rules will not have any effect on costs or revenues at the state or local level.

Copies of the proposed rules may be obtained without cost from Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, Email racker@commerce.state.wi.us, telephone (608) 267-7907 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

The notice for public hearing on Employment Relations proposed rules amending ch. ER 30 has an error on page 21 of the December 31, 2001, Register.

Section 5 should read:

Section 5. ER 30.085 is amended to read:

ER 30.085 Career executive temporary assignment. A career executive employee may be assigned to a position for employee development purposes or to complete a special project for a duration not to exceed 2 4 years. The employee's classification and pay status shall not be affected. An intra-agency temporary assignment requires the written agreement of the employee and the appointing authority. An inter-agency temporary assignment requires the written agreement of the employee, and the appointing authorities of both the sending and receiving agencies. The appointing authority in an intra-agency temporary assignment or the appointing authority of the receiving agency in an inter-agency temporary assignment shall send a copy of the written agreement to the secretary prior to the effective date of the assignment. If the employee is expected to return to the sending agency upon completion of the temporary assignment, the employee and the appointing authority of the sending agency shall develop a formal leave agreement under s. ER 18.14 (2) (a).

Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Office of Financial Education will hold a public hearing at the time and place indicated below to consider creating a rule regarding registration fees under the Wisconsin Consumer Act. The hearing covers an emergency rule effective December 3, 2001 and a proposed rule regarding the same.

This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call David D. Mancl at (608) 261-9540 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.

Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to David D. Mancl, Director, Department of Financial Institutions, Office of Financial Education, P.O. Box 8041, Madison, WI 53708-8041.

The create s. DFI-Bkg 80.90. Statutory authority: ss. 426.201 (3) and 227.11 (2), Stats. Summary: 2001 Act 16 amended ss. 426.201 (2) (intro), (2) (fm), (3), and 426.202 (1m) (b) and (1m) (c), Stats.; created s. 426.201 (2m), Stats.; repealed ss. 426.202 (1m) (a) 1. a., (1m) (a) 1. b., and (1m) (a) 1. c., (d) and (e), Stats.; and renumbered and amended s. 426.202 (1m) (a) 1. (intro.), Stats. The act authorizes the Department of Financial Institutions to adopt rules pertaining to registration fees under the Wisconsin Consumer Act. The proposed rule revises the formula for calculating these fees.

The rule increases existing revenues. There is no local government costs. Program fund sources are affected. The affected ch. 20 appropriations are s. 20.144 (1) (g).

The rule may have an impact on small business. Types of small business that will be affected by the rule: entities providing credit. Description of the proposed reporting, bookkeeping and other procedures required for compliance: registration form and payment of fee to the department. Types of professional skills necessary for compliance: no new skills.

A copy of the full text of the proposed rules and fiscal estimate may be obtained from David D. Mancl, Director, Department of Financial Institutions, Office of Financial Education, P.O. Box 8041, Madison, WI 53708-8041, Tel. (608) 261-9540. A copy of the full text of the proposed rules may also be obtained at the department's website, www.wdfi.org.

Date:   Tuesday, January 29, 2002

Time:   10:0 p.m.

Location:   State Office Building

  1 West Wilson Street

  Conference Room 372

  Madison, Wisconsin

The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.

The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. HIRSP health insurance coverage includes prescription drug coverage. Two major and longstanding issues affect HIRSP prescription drug coverage.

The first issue is that pharmacies currently have difficulty determining the financial liability of HIRSP policyholders, because they do not have access to information regarding policyholder deductibles and coinsurance obligations. The second issue is that the existing HIRSP system of policyholder reimbursement for prescription drug costs is both lengthy and financially burdensome to policyholders.

The department proposes to implement new coinsurance provisions for HIRSP's drug benefit that will clarify the financial liability of HIRSP policyholders for covered prescription drug costs. The new provisions also eliminate unnecessary delays and burdens in HIRSP reimbursement for prescription drug expenses by establishing policyholders' minimum and maximum out-of-pocket costs for covered prescription drugs.

The proposed rules affect about 12,000 HIRSP policyholders statewide. The impact of these proposed rules was reviewed and approved by the HIRSP Board of Governors on September 13, 2001. By law, the Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties.

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

  Randy McElhose

  Division of Health Care Financing

  P.O. Box 309, Room B274

  Madison, WI 53701-0309

  (608) 267-7127 or, if you are hearing impaired, (608) 266-1511 (TTY)

If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed rules received at the above address no later than February 5, 2002 will be given the same consideration as testimony presented at the hearing.

The fiscal effect of these proposed rules was developed by an independent actuarial firm under contract to HIRSP. This fiscal effect was reviewed and approved by the HIRSP Board of Governors on September 13, 2001.

It is estimated that the proposed rule will increase HIRSP program expenditures by about $700,000, annually. These expenditures will be funded in the same manner as other HIRSP expenditures. About $420,000 (60%) of this sum will be funded by an increase in policyholder premiums. The remaining $280,000 (40%) will be shared equally between an increased HIRSP levy on health care provider rates and an increased HIRSP assessment on insurers.

An adjustment to the levy and assessment is expected to occur on July 1, 2002 as part of a routine, scheduled HIRSP rule update. A budget-based update of HIRSP rules previously occurred in 1998, 1999, 2000 and 2001. Policyholder premiums will be adjusted as new HIRSP policies are initiated or renewed. The HIRSP program has sufficient cash flow and reserves to fund this proposed rule prior to July 1, 2002, according to the independent actuarial firm under contract to HIRSP.

The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 450.03 (1) (g), Stats., as created by 2001 Wis. Act 16, and s. 450.04 (3) (b), Stats., as amended by 2001 Wis. Act 16, and interpreting ss. 450.03 (1) (g) and 450.04 (3) (b), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order adopting emergency rules relating to a pharmacy internship program.

Date:   February 12, 2002

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 15, 2002 to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11, (2), Stats., and s. 450.03 (1) (g), Stats., as created by 2001 Wis. Act 16, and s. 450.04 (3) (b), Stats., as amended by 2001 Wis. Act 16.

Statutes interpreted: ss. 450.03 (1) (g) and 450.04 (3) (b), Stats.

In this rule-making order the Pharmacy Examining Board creates rules relating to a pharmacy internship program to reflect statutory amendments to s. 450.04 (3) (b), Stats. effective December 31, 2001. Currently, no board rules exist to specify the requirements for the implementation and administration of a pharmacy internship program and establish necessary procedural and substantive guidelines for such a program.

SECTION 1 defines an “intern." This is necessary to maintain the distinction between the interns and technicians encompassed in Wis. Adm. Code ch. Phar 7. Interns, with limitations, practice pharmacy. Technicians do not practice pharmacy. Five classes of interns are created. SECTION 1 also defines “direct supervision."

The first class of intern, s. Phar 1.02 (4e) (a), defines an intern as a student who is practicing as part of a practical experience program sponsored by the student's school or college of pharmacy.

The second class of intern, s. Phar 1.02 (4e) (b), defines a student who practices under the direct supervision of a pharmacist. This type of intern typically engages in the practice of pharmacy within the context of summer internships for no credit under a practical experience program.

The third class of intern, s. Phar 1.02 (4e) (c), defines foreign graduates applying for original licensure who may not have completed a traditional pharmacy internship therefore needing a means to complete an internship in the practice of pharmacy in this state.

The fourth class of intern, s. Phar 1.02 (4e) (d), defines recent graduates from an approved pharmacy school who have filed an application for licensure with the board and are awaiting board action. This class of intern may need either to obtain additional hours of internship credit to qualify for original licensure, or may be working under the direct supervision of a pharmacist while awaiting final board action on their application.

The fifth class of intern is a statutory creation, restating in the rule for clarity the provisions of s. 450.03 (1) (g), Stats. These persons have applied for a license under s. 450.05, Stats. (out-of-state licensees) and their practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the person's application. This class of intern is not included within the definition of “internship" because this intern does not need to satisfy an internship requirement for licensure under s. 450.05, Stats. However, a definition as an “intern" is still necessary to place such persons and their supervising pharmacists on notice of the requirements and distinctions between interns and technicians created by Wis. Adm. Code ch. Phar 7.

An internship in the practice of pharmacy is defined to mean the completion of 1500 hours in aggregate in the practice of pharmacy in the delineated categories. Not all of the required 1500 hours need to be completed in any one category, yet a minimum of 1500 hours must be earned and certified. There are five types of categories of internship experience.

The first category is the practice of pharmacy in a practical experience program consisting of the practice of pharmacy sponsored by a professional Bachelor's of Science degree in pharmacy or Doctor of Pharmacy degree granting institution located in this or another state.

The second category is the practice of pharmacy by a qualified student under the direct supervision of a pharmacist. The hours earned in this category may not count as a part of a practical experience program if previously credited therein. Hours earned in this second category are therefore considered in addition to the hours earned in the practical experience program.

The third category allows foreign graduate applicants applying for original licensure to earn internship credits to qualify for original licensure. This internship is limited to a maximum of 2000 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.

The fourth category allows applicants for original licensure awaiting board action on their application to practice pharmacy under the direct supervision of a pharmacist during the pendancy of their application. This internship is limited to a maximum of 1500 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.

The fifth category is created by statute at s. 450.04 (3) (b), Stats. The statute allows the board to grant credit for practical experience acquired in another state which is comparable to include in an internship and which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired. In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s. 450.01 (16), Stats.

SECTION 3 creates the definition of a “supervising pharmacist" who supervises an intern in the practice of pharmacy.

SECTION 4 amends the requirement for original licensure removing the statutory reference to Wis. Stats. s. 450.045, which was repealed.

SECTIONS 5 and 6 amend the required proofs necessary to evidence the successful completion of an internship in the practice of pharmacy and the payment of fees under that section.

TEXT OF RULE

SECTION 1. Phar 1.02 (3c) and (4c) are created to read:

Phar 1.02 (3c) “Direct supervision" means immediate on premises availability to continually coordinate, direct and inspect at first hand the practice of another.

(4c) “Intern" means a person engaged in the practice of pharmacy pursuant to s. Phar 1.02 (4e) (a), (b), (c), (d) or s. 450.03 (1) (g), Stats.

SECTION 2. Phar 1.02 (4e) is created to read:

Phar 1.02 (4e) “Internship in the practice of pharmacy" means completion of a minimum of 1500 hours in aggregate of any one or more of the following:

(a) A practical experience program consisting of the practice of pharmacy sponsored by a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state.

(b) The practice of pharmacy by a person who has successfully completed his or her second year in and is enrolled at a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state whose practice of pharmacy is limited to performing duties under the direct supervision of a supervising pharmacist, which is not acquired in a practical experience program described in par. (a). The supervising pharmacist shall keep a written record of the hours and location worked by an intern under his or her direct supervision.

(c) For a person who has first filed an application with the board for original licensure under s. Phar 2.02 and has supplied to the board evidence of having obtained certification by the foreign pharmacy graduate examination committee, the practice of pharmacy which is limited to performing duties under the supervision of a supervising pharmacist. Prior to performing duties as an intern or to receiving credit for hours in an internship in the practice of pharmacy under this section, the supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed to the board prior to further performing duties constituting the practice of pharmacy as an intern. Upon completing a maximum of 2000 hours of the practice of pharmacy under this paragraph the internship is terminated and a person shall not further engage in the practice of pharmacy until obtaining licensure from the board.

(d) For a person who has first filed an application with the board for original licensure under s. Phar 2.02 and has supplied to the board evidence of having been graduated from a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state, the practice of pharmacy which is limited to performing duties under the supervision of a supervising pharmacist. Prior to performing duties as an intern or to receiving credit for hours in an internship in the practice of pharmacy under this section, the supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed to the board prior to further performing duties constituting the practice of pharmacy as an intern. Upon completing a maximum of up to 2000 hours of the practice of pharmacy under this paragraph, the internship is terminated and a person shall not further engage in the practice of pharmacy until obtaining licensure from the board.

(e) Practical experience acquired in another state which is comparable to that described in par. (a). In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s. 450.01 (16), Stats.

SECTION 3. Phar 1.02 (14m) is created to read:

Phar 1.02 (14m) “Supervising pharmacist" means a pharmacist who has responsibility for supervising an intern in the practice of pharmacy.

SECTION 4. Phar 2.01 (2) is amended to read:

Phar 2.01 (2) Has completed an internship program approved by the pharmacy internship under s. 450.045, Stats in the practice of pharmacy.

SECTION 5. Phar 2.02 (1) (d) is renumbered Phar 2.02 (1) (e).

SECTION 6. Phar 2.02 (1) (d) is created to read:

Phar 2.02 (1) (d) Evidence of having completed an internship in the practice of pharmacy which shall consist of one or more of the following:

1. A statement from the dean of the school of pharmacy or the academic records office of the respective educational institution certifying the number of hours that the applicant has successfully completed in a practical experience program described in s. Phar 1.02 (4e) (a).

2. A statement from a supervising pharmacist certifying the number of hours that the applicant was supervised by that supervising pharmacist in an internship in the practice of pharmacy described in s. Phar 1.02 (4e) (b), (c) and (d).

3. Verification of practical experience acquired by the applicant in another state as described in s. Phar 1.02 (4e) (e), which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1), 227.11 and 343.02, Stats., and interpreting ss. 343.23 (2), 344.01 to 344.27, and 346.70, Stats., the Department of Transportation will hold a public hearing to consider the amendment of ch. Trans 100, Wis. Adm. Code, relating to safety responsibility and damage judgment suspension of operating privileges and vehicle registration.

Date:   January 28, 2002

Time:   9:00 a.m.

Location:   Hill Farms State Transportation Building

  4802 Sheboygan Avenue

  Room 394

  Madison, Wisconsin

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

The public record on this proposed rule making will be held open until close of business February 1, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Pat McCallum, Section Chief, Traffic Accident Section, Room 804, P. O. Box 7919, Madison, WI 53707-7919. Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

STATUTORY AUTHORITY: ss. 85.16 (1), 227.11 and 343.02, Stats.

STATUTES INTERPRETED: ss. 343.23 (2), 344.01 to 344.27, and 346.70, Stats.

This proposed rule making rewrites much of ch. Trans 100 to incorporate changes in procedures mandated by 1997 Wis. Act 84, and to bring the chapter up to current drafting standards. In general, this rule making codifies many DMV practices and procedures that are used in the administration of the safety responsibility laws.

The definition of “accident" changed to carry over the exception for parked vehicles formerly contained in s. Trans 100.02 (3) remains in the law.

Section Trans 100.025 is created to clarify the circumstances under which the DMV will consider a vehicle to have been involved in an accident. These criteria have been applied by DMV for years in determining whether a vehicle or person was involved in an accident, and are codified in this rule making for clarity. Vehicles or persons are considered to have been involved in an accident if:

•They are injured or damaged in the accident, they contribute to causing the accident.

•They cause damage to another person or property.

• The vehicle is damaged because of a mechanical failure while being driven.

• Something falls from the vehicle and causes an accident.

• The vehicle moves to avoid debris or strikes debris and causes an accident.

• The vehicle moves without being driven, such as situations where parking brakes fail, and causes an accident.

• Where doors or a load extend from a parked vehicle into a traffic lane and an accident results.

Section Trans 100.03 (2) is amended and 100.03 (2m) created to separate two concepts contained in current s. Trans 100.03 (2). First, how does a person who is misidentified in a police report go about correcting the report so that they are not involved in a safety responsibility matter. Second, that the Department accepts filed police reports as accurate in the absence of any correspondence from the drivers involved in an accident.

Section Trans 100.03 (3) is amended to better state the Department's practice with regard to records related to accidents that do not meet the reporting criteria of s. 346.70, Stats. The Department discards or returns reports that indicate in Box 1 of the report form that the accident is not reportable. It processes all forms that indicate in that box that the accident is reportable. If the accident is later determined not to be reportable, the Department does not include any reference to the accident or report in public abstracts of the driver's record from that point forward.

Section Trans 100.04 (3) is amended to clarify that an apparently uninsured driver who would ordinarily be required to post security may avoid that requirement by proving that he or she was, in fact, insured, or proving that the accident is exempt from the safety responsibility law under s. 344.14 (2), Stats.

Section Trans 100.06 (2) is amended to clarify that the Department does consider investigator reports and payment claim notices in deciding whether there is no reasonable possibility of a judgment being entered against an uninsured driver.

Section Trans 100.10 is completely rewritten to more clearly lay out the procedural aspects of a safety responsibility hearing. No changes are contemplated with regard to the manner in which these hearings are conducted. Rather, this provision simply codifies the longstanding procedures used by DMV in conducting these hearings.

Section Trans 100.11 is similarly rewritten to clarify the procedures used in connection with the receipt of subrogation notices from subrogated parties. Again, these provisions codify the DMV's longstanding practices in a manner that should be easier for the legal community and public to use and understand.

Section Trans 100.12 provisions related to releases executed on behalf of a minor is amended to conform to the Department's practices and current law. Under s. 344.24 (2) (h), Stats., parents are permitted to settle matters related to minor children if the claim is for $5000 or less; a legal guardian must be appointed to settle a claim valued in excess of $5000. This rule is amended to reflect those rules.

Section Trans 100.12 is also amended to include a section on bankruptcy. Federal bankruptcy laws preempt state law in some areas and not in others. The Department has developed a set of procedures for dealing with bankrupt uninsured persons over the years, and codifying those procedures should assist attorneys for uninsured drivers in understanding the repercussions of a bankruptcy filing on a petitioner.

Section 128.21, Stats., state wage earner voluntary debt reorganization, proceedings affect only executions, attachments or garnishments, and do not affect driver license revocations or suspensions. Because those proceedings are referred to commonly as “state bankruptcy proceedings," the Department occasionally deals with debtors under such plans who mistakenly believe a ch. 344 suspension or revocation will be released if a safety responsibility indebtedness is treated under their s. 128.21, Stats., repayment plan. A damage judgment suspension or revocation may only be affected under state law by a court order entered under s. 344.27, Stats.

Section Trans 100.13 is amended to clarify rules related to the circumstances under which accident claims of a minor may be settled by the minor's parents. In situations where a minor's parent is not authorized to settle a claim under s. 344.14 (2) (h), Stats., because it involves a claim valued at more than $5000, a guardian must be appointed to settle the matter. Similarly, guardians must resolve settlements involving incompetent persons. Trans 100.13 is amended to concisely repeat these statutory and common law rules in a format that requires less general knowledge of the law to understand.

Section Trans 100.15 is amended to codify the policies and procedures related to reinstating a suspended or revoked operating privilege at the end of a safety responsibility or damage judgment suspension or revocation.

Section Trans 100.16 is amended to provide a consistent mechanism for determining whether to permit an organization or entity to self-insure. The primary standard employed is one suggested by the Insurance Industry Committee on Motor Vehicle Administration. The $60,000 figure from s. 344.37 (1) is used as the minimum dollar amount required and is multiplied by the square root of the number of vehicles owned by the self-insurance applicant. The “square root" rule recognizes a risk management mechanism known as the “law of large numbers" which postulates that the probability of all vehicles being involved in an accident (in a given year, for example) diminishes as the number of vehicles increases. In addition to meeting the capital amount requirements of this calculation, a self-insured must be making payments to creditors as the debts become due and not have any unpaid judgments of record.

Section 344.14 (1g), Stats., requires the Secretary to refuse vehicle registration to persons whose registration is revoked for failure to deposit security under the safety responsibility law. DMV has long applied the rule that it would not honor a transfer of vehicle title for a vehicle subject to a registration suspension if the purpose of the transfer was to avoid the repercussions of that statute. Two standards DMV uses to determine whether a transfer was made for the purpose of avoiding the statute are whether a transfer was made without adequate consideration, such as a sale ostensibly for $1, and whether the transferee shares the same address with the transferor. These criteria are now expressly set forth in the rule.

Section Trans 100.20 is amended to clarify that DMV generally purges information from the driver database twice annually. The language of the existing rule left the impression with some readers that the minute an accident meets the criteria for deletion from the public record that the computers somehow immediately purged the information. To the contrary, a special program is run to purge information from driver records twice per year. If the item is eligible for deletion on the date the purge program runs, the information is deleted at that time.

Trans 100.19 is created to provide guidance beyond the statutory provisions in ch. 344, Stats., to clarify the procedures related to the suspension or revocation of driver licenses for failure to pay a damage judgment and license reinstatement procedures. Longstanding administrative practices with regard to acceptance of installment agreements and judgment debtor bankruptcies are codified.

Finally, a provision related to occupational licenses issued to commercial driver license holders is moved from s. Trans 100.18 into ch. Trans 117, which generally deals with occupational licensing.

This regulatory change has no impact on small business. This rule making largely codifies existing DOT policy with regard to the administration of the safety responsibility and damage judgment laws. The Department does not anticipate any fiscal effect upon small businesses from this codification.

The proposed amendments to s. Trans 100.16 that propose solvency requirements for entities that self-insure could theoretically impact businesses. Only 12 companies currently self-insure with the state, and they are all utilities or rental car companies. The Department surveyed these entities and they indicated that they would meet or exceed the standard set forth in the rule. Moreover, none qualifies as a “small business" under s. 227.114, Stats. Accordingly, the Department concludes the amendment would have no fiscal impact upon small businesses.

This rule making largely codifies existing DOT policy with regard to the administration of the safety responsibility and damage judgment laws. The Department does not anticipate any fiscal effect from this codification.

Preparation of this proposed rule was done by the Department's Traffic Accident Section. Copies of the proposed rule may be obtained upon request, without cost, by writing to Pat McCallum, Section Chief, Traffic Accident Section, Room 804, P. O. Box 7919, Madison, WI 53707-7919, or by calling (608) 266-1249. Hearing-impaired individuals may contact the Department using TDD (608) 266-0824. Alternate formats of the proposed rule will be provided to individuals at their request.